August 2018 WLF Month in Review

To read more about the items below, click above for a PDF of the newsletter.

New Filings

U.S. Supreme Court should overturn a massive judgment against paint manufacturers for the cost of removing lead paint from homes throughout California.
Multi-national corporations should not be subject to tort suits under the Alien Tort Statute based on allegations that they aided and abetted a foreign government’s violations of the human rights of its own citizens.
The Constitution protects States from being named as defendants in federal court suits, but they can be required to participate as plaintiffs in federal class-action litigation.
The Supreme Court should adhere to its direct-purchaser rule in antitrust litigation, whereby standing to sue is limited to the immediate victims of the allegedly anticompetitive conduct.
The judiciary should enforce the strict limits that Congress imposed on the Federal Trade Commission’s authority to file enforcement actions in federal court.

Cases Decided

Seventh Circuit, at WLF’s urging, overturns state-law failure-to-warn judgment against drug manufacturer, finding that FDA expressly prohibited manufacturer from adding plaintiff’s proposed warning to its product label.
Sixth Circuit declines to reconsider a False Claims Act decision that significantly expands the definition of a “material” false claim, thereby increasing potential FCA liability.
California Supreme Court declines to hear challenge to the State’s decision to require manufacturers to list glyphosate, a widely used herbicide, as a human carcinogen.